N.Y. Military Law § 21: State retired list

§ 21. State retired list. 1. Any commissioned officer or warrant

officer of the organized militia who has reached the age of sixty-eight

years shall be retired for age and transferred to the state retired list

by the governor; provided, that any commissioned officer or warrant

officer of the organized militia may be retired for age at an age less

than sixty-eight years in order to conform with the laws and regulations

of the United States applicable to the organized militia and may be

transferred to the state retired list by the governor.

2. Any commissioned officer who shall have served in the same grade

for the continuous period of ten years, or in the military or naval

service of the state as a commissioned officer for fifteen years, or in

the case of an officer of the naval militia retiring such service may

have been in the naval service of the state and the United States

combined for fifteen years, provided at least ten years of such service

shall have been in the state, may, upon his own request, be retired from

active service and placed upon the retired list.

3. Upon the recommendation of the adjutant general, any commissioned

or warrant officer eligible to be transferred to the retired list under

the provisions of this section who has served for at least twenty-five

years in the organized militia or in the organized militia and the armed

forces of the United States combined may be transferred to the state

retired list by the governor in a grade one grade higher than the

highest grade previously held by him in the organized militia; provided,

that any person who has received a similar promotion at the time he was

placed upon the state reserve list shall not again be eligible for

promotion under this subdivision.

4. Upon the recommendation of the adjutant general, the governor may

order any person on the state retired list to active duty for the

purpose of serving on military courts or boards or performing staff duty

in or with the organized militia and in time of emergency to perform any

military duty in or with the organized militia. In any such case, the

person so ordered shall rank in his grade from the date of such order.

5. Time spent on the state retired list shall not be credited in the

computation of seniority, pay, length of service for promotion or

otherwise or any of the privileges and exemptions pertaining thereto,

except that the time during which he served on active duty by order of

the governor shall be so credited.

6. A commissioned officer or warrant officer on the state retired

list, except an officer who is receiving retirement compensation or

pension from the state pursuant to any provision of article ten of this

chapter may be dropped from the rolls, if he fails to report to the

chief of staff of the state as prescribed by regulations issued pursuant

to this chapter.

7. A commissioned officer receiving retired compensation pursuant to

the provisions of section two hundred fourteen of this chapter, may,

with his consent, and provided he is otherwise qualified, be ordered by

the governor to active duty in a force of the organized militia. While

performing active duty, such officer shall not be required to forfeit

his retired compensation, except during any period of duty when pay and

allowances (as differentiated from subsistence and per diem) are

authorized under the provisions of section two hundred ten of this

chapter.